VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01940
Package ID: USCOURTS-cofc-1_19-vv-01940
Petitioner: Carl E. Dean
Filed: 2021-10-19
Decided: 2021-10-19
Vaccine: influenza
Vaccination date: 
Condition: acute kidney injury and its sequelae; acute renal failure resulting in the need for continual dialysis and a kidney transplant, steroid induced diabetes and macrocytic anemia
Outcome: compensated
Award amount USD: 155000

AI-assisted case summary:
Carl E. Dean filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2021, alleging that he suffered injuries including acute kidney injury and its sequelae, specifically acute renal failure resulting in the need for continual dialysis and a kidney transplant, steroid-induced diabetes, and macrocytic anemia, following an influenza vaccine. The respondent denied that the flu immunization caused the petitioner's alleged injuries. Despite the respondent's denial, the parties filed a joint stipulation for damages. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Carl E. Dean was awarded a lump sum of $155,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. The decision directs the clerk of the court to enter judgment in accordance with this award. The public decision does not describe the petitioner's age at vaccination, the specific date of vaccination, the onset of symptoms, specific clinical details of the alleged injuries, any diagnostic tests performed, or the treatments received. The public decision also does not name the petitioner's counsel or the respondent's counsel, though the filing indicates Simina Vourlis represented the petitioner and Ryan Daniel Pyles represented the respondent.

Theory of causation field:
Petitioner Carl E. Dean filed a petition on October 19, 2021, alleging injury following an influenza vaccine. The alleged injuries included acute kidney injury and its sequelae, specifically acute renal failure requiring continual dialysis and a kidney transplant, steroid-induced diabetes, and macrocytic anemia. The respondent denied that the influenza vaccine caused these alleged injuries. The parties filed a joint stipulation for damages, which Special Master Daniel T. Horner found reasonable and adopted as the decision of the Court. The stipulation resulted in an award of $155,000.00. The public decision does not specify the mechanism of injury, the specific vaccine date, or provide details on medical experts or evidence presented regarding causation. The theory of causation is unclear from the provided public text, as the case was resolved via stipulation despite the respondent's denial of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01940-0
Date issued/filed: 2021-11-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/19/2021) regarding 44 DECISION Stipulation/Proffer Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:19-vv-01940-UNJ Document 48 Filed 11/15/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1940V
Filed: October 19, 2021
UNPUBLISHED
CARL E. DEAN,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (Flu) Vaccine; Acute
Kidney injury
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 19, 2021, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that he suffered injuries including, but not limited to,
acute kidney injury and its sequelae.3 Petition at 1; Stipulation, filed October 19, 2021,
at ¶¶ 4. Petitioner further alleges that he has experienced the residual effects of his
condition for more than six months, that there has been no prior award or settlement of
a civil action for damages as a result of his condition, and that his vaccine was
administered in the United States. Petition at 1, 11; Stipulation at ¶¶ 3-5. “Respondent
denies that the flu immunization is the cause of petitioner’s alleged kidney injury and/or
any other injury ” Stipulation at ¶ 6.
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
3 Specifically, petitioner alleges that he “developed acute renal failure resulting in the need for continual
dialysis and a kidney transplant, steroid induced diabetes and macrocytic anemia….” (ECF No. 1, p. 11.)

Case 1:19-vv-01940-UNJ Document 48 Filed 11/15/21 Page 2 of 7
Nevertheless, on October 15, 2021, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $155,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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